Revocation of Claim to Paternity Rev. Stat. § 25-812
The mother or the father may rescind the acknowledgment of paternity within the earlier of:
• 60 days after the last signature is affixed to the notarized acknowledgment of paternity that is filed with the Department of Economic Security, the Department of Health Services, or the court
• The date of a proceeding relating to the child, including a child support proceeding in which the mother or father is a party
A rescission must be in writing, and a copy of each rescission of paternity shall be filed with the Department of Economic Security. The Department of Economic Security shall mail a copy of the rescission of paternity to the other parent and to the Department of Health Services.
The mother, father, or child may challenge a voluntary acknowledgment of paternity established in this State at any time after the 60-day period only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the challenger and under which the legal responsibiliti es, including child support obligations of any signatory arising from the acknowledgment shall not be suspended during the challenge except for good cause shown. The court shall order the mother, her child or children, and the alleged father to submit to genetic testing. If the court finds by clear and convincing evidence that the genetic tests demonstrate that the established father is not the biological father of the child, the court shall vacate the determination of paternity and terminate the obligation of that party to pay ongoing child support.
Family Law Attorney